The Jammu and Kashmir administration has released a notification defining the rules for issuing domicile certificates in the Union territory
The ‘J&K Grant of Domicile Certificate (Procedure) Rules 2020’ will provide the basis for issuing domicile certificates to those who meet the conditions as stated in the Central Government’s gazette notification.
Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order 2020, defines a domicile as any person “who has resided for a period of 15 years in the Union territory(UT) of J&K or has studied for a period of seven years and appeared in class 10th/12th examination in an educational institution located in the UT of J&K”.
A special clause has been included in the notice which says a penalty of ₹50,000 will be slapped if the domicile certificates are not issued by the authority (Tehsildars) within 15 days. The applicant can register a complaint if there is a delay in the issuance of certificate. The power to impose penalty for dereliction of duty by the Tehsildars lie in the hands of the “Special Appellate authority”. The decision of the appellate authority is binding .
The domicile certificate plays an important role for getting government jobs and properties in Kashmir. Earlier the women who married non-Kashmiri men were not eligible for jobs or purchase property inside Kashmir. The coming of the new rules gives the right to Dalits, children of Kashmiri Pandits and women of Kashmir to get domicile of Jammu and Kashmir. The rules also make West Pakistan refugees eligible to acquire domicile certificates.
Before the abrogation of Article 370 and 35A all jobs in erstwhile state of J&K were exclusively reserved only for permanent residents of the State. The Dalits in Kashmir were denied of permanent citizenship even if they had stayed in the UT for generations. Under Article 370, Jammu and Kashmir had a separate constitution, while Article 35A prohibited people from outside the state from buying property in Jammu and Kashmir.
This restoration of rights to Dalits and the women of Kashmir through the latest rules have invited criticism from PDP party members. They claim that the latest rules will change the demography of Kashmir and that they shall resist the move.